Bringing a child into the world can be a very wonderful and joyous experience. While having a child can come with a lot of joy, it is also important that the child is properly taken care of. In some situations, particularly when there is a divorce or the child’s parents are not married, a child custody agreement may be necessary.
When it comes to child custody NJ parents may find that their availability to care for a child can change. In these situations, you may need child custody modifications. There is a lot that someone should know about these modifications, including when they can be done and what process needs to be followed.
When Can You Modify Child Custody Agreements in NJ
A child custody agreement is a binding document that outlines the custody responsibility of each parent. This will include highlighting when a parent will take care of the child throughout the week, month, and year. While these agreements are designed to be long-term agreements, there are plenty of situations and life circumstances that could arise when you need to have the document modified.
One of the most common situations when a child custody agreement may need to be changed is if there is a change in one parent’s work schedule. If a parent is suddenly required to work different shifts or days of the week, it can make sense to modify the agreement. The agreement may also need to be modified based on the schedule of a child. If school or curricular activities change, the custody agreement may need to be modified to accommodate the child.
The ability of a parent to provide necessary care can also influence the child custody agreement. For example, if a parent becomes ill, disabled, or incarcerated, they may no longer be able to provide the necessary care. Also, if one parent has to move out of state, the existing plan may no longer make sense. In these situations, you can often modify the child custody agreement.
Substantial Change in Circumstances To Modify Child Custody Agreement
To change a custody agreement in NJ, you need to show the court that there has been a big change that affects what’s best for the child. This could be things like a parent moving away, problems with school, or abuse in the family. You have to prove that this change is bad for the child and show what the current custody schedule is. Other examples include changes in the work schedule or a child’s growing needs. The court will decide what is best for the child.
How To Modify Child Custody Agreements
For those wondering how to amend a child custody agreement, there are various steps that need to be followed to ensure it is done properly:
- A formal motion needs to be filed. This should be filed by an attorney and will outline the need for a modification.
- Other parents need to be formally served with the motion. This needs to be done with enough time prior to a hearing date to allow the other party to prepare.
- A court-ordered updated custody agreement will then be released. There is the possibility of an appeal if you are not satisfied with the result.
How Goodgold West & Bennett Can Help
If you are in need of a modification to the child custody agreement and are in the area, hiring a Millburn family law attorney is a good idea. The Millburn family attorneys can guide you through the process of a modification of the custody agreements. This can include negotiating with the other party, submitting all formal requests, and potentially presenting the case in front of family law.
When you are looking for family law support, it would be a great idea to call the team with Goodgold West & Bennett LLC. The family law attorneys with Goodgold West & Bennett LLC can provide all of the legal support that you need to ensure you receive a fair custody agreement modification. Contact us today to learn more about their services or even schedule a full consultation.
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